Chinese Co. Says Countervailing Duty Law Unconstitutional

Law360, Washington (December 3, 2013, 7:53 PM EST) -- A Chinese hardware exporter asked the Federal Circuit on Tuesday to declare as unconstitutional part of a federal law allowing the U.S. Department of Commerce to assess countervailing duties on imports from countries with nonmarket economies, saying the law was causing the agency to retroactively penalize the company.

Guangdong Wireking Housewares & Hardware Co. Ltd. attorney James Durling told a three-judge panel that the March 2012 law violated the Constitution's ex post facto clause by changing the rules and retroactively punishing companies in countries with nonmarket...